A great philosopher once said, “to err is human.” We all make mistakes, and people under a significant amount of stress, such as people who are involved in divorce proceedings, are prone to making more mistakes than others. Some of the mistakes we make are innocuous and harmless. However, some mistakes made while a divorce proceeding is pending can seriously impact your case. Here is a list of the top ten mistakes to avoid during the pendency of your divorce.
1. Making a False Statement on a Pleading
Your divorce petition and the information contained therein are made under oath. Therefore, it is important that you make every effort to write down correct information. If you are not sure about the value of an asset, for example, take a moment to find out its correct value. Making a false statement under oath may be considered to be a crime depending on the circumstances under which it is made. At the very least, a court could decide you were attempting to mislead it and treat you adversely during the divorce process.
2. Not Responding to Petitions and Motions
If you are representing yourself in your Illinois divorce, you will need to file and respond to a number of motions and pleadings. Failing to do so can lead to the court entering a default judgment against you, thereby granting the other party whatever relief or orders he or she requested. Even if you appear in court on the date the motion or pleading is scheduled for hearing, the court may preclude you from offering any statement or response because you failed to file a written reply within the allotted time. If you are not able to file a reply within the time allotted to you, you need to contact the court in writing and ask for additional time.
3. Remarrying While Your Case Is Pending
The filing of a divorce petition does not render you and your spouse divorced. You are only divorced when the court formally pronounces such at the conclusion of your case and enters a written order memorializing your divorce decree. Any marriage you enter into while you are still married is considered bigamous and is void from its inception. This means that your second spouse is not considered to be your legal spouse and is not entitled to any of the legal protections or benefits afforded to spouses.
Do Work With a Dupage County Divorce Attorney
Arami Law is a DuPage County divorce law firm dedicated to helping you obtain a divorce as expeditiously as possible while still protecting your rights and ensuring you are on a sound financial footing when you emerge from divorce. We make ourselves available to our clients. We want you to contact us with questions or concerns you may have about your case and how any actions you are contemplating taking might impact your case. Call our office at (312) 584-6355 or use our website’s online form to contact us with your divorce questions and concerns.